Dagoretti North MP Simba Arati has obtained reprieve after the High Court ordered that he should not be arrested over the state of unrest, destruction of property as well as breach of peace in Kawangware.
Justice Enoch Chacha Mwita issued the directive after lawyer James Orengo appeared before him seeking to stop imminent arrest and prosecution of Mr Arati.
The judge also certified the case as urgent and directed that parties appear before him next Friday for further directions.
Mr Arati has sued the inspector-general of police and the Director of Public Prosecutions (DPP).
The MP claims that there have been threats and an intention to arrest him over the violence witnessed in Kawangware following the declaration of President Uhuru Kenyatta as the winner of the repeat presidential election.
Through Mr Orengo, Mr Arati claimed that he has been hospitalised but the police have been visiting the hospital, his residence and social places which he frequently visits.
He argued that the impending arrest is unlawful since he has not been questioned or any investigations done regarding the said allegations.
“Unless this matter is heard expeditiously and orders granted, police officers are likely to arrest and remove him from hospital and place him in custody unlawfully,” said Mr Orengo.
In the case, he explained that he has been unwell since August and has been on bedrest since he was discharged.
He said that he was even rushed to Nairobi Hospital on October 26 when his condition deteriorated.
But at 5pm the next day he heard about the unrest and turbulence within his constituency.
He also alleged that there have been allegations pointing a finger at him on social media as the instigator of the violence.
“No impartial investigations have been undertaken yet the sued parties are merely reacting to political pressure and following politically instigated commands,” said Mr Orengo.
As a result, he claimed that the legislator has been subjected to untold mental and psychological torture.
He therefore wants the IG and the DPP permanently barred from intimidating, arresting or having him detained and that he be granted anticipatory bail.